HomeMy WebLinkAboutDistrict 01 Minutes 1951-11-28•
MINUTES OF REGULAR MEETING
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.1
November 2g,1951 at ~:OQ p.m.
Board of Supervisors’Room
Court House
Santa Ana,dalifo±’riia
Chairman Finch called the joint meeting ~f the District
Boards to order at ~:OO p.m.
The roll was called and the Secretary reported a quorum
present.
Directors present:Courtney R.Chandler (Chairman)
J.L.McBride
Willis H.Warner
Directors absent:None
Oth~rs present:Raymond Ft.Ribal,Chief Engineer and
General Manager
E,E.Frisbie
K.J.Harrison
J.A.Woolley
Nat.H.Neff
Heinz Kaiser
C,Arthur Nisson,Jr.
E.J.Marks
Ben Reddick
Paul Brown
Thomas Norton
Ora Mae Merritt,Secretary
flutes of
—
A motion was made,duly seconded and
November 21 carried,approving the minutes of the
meeting held on November 21,1951,
as mailed out.
Report of the Director Warner,Chairman of the
Committee_oriContract~Committee negotiating a contract with
~J~p Consulting
—
the consulting engineers reported that
Engineers most of the problems had been ironed
out and that before another weak
the will have a completed draft of the
contract between the Districts and the Consulting Engineers
which will be mimeographed and mailed to all the Directors.
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364
_____________
Director Robert H.Boney,Chairman of
_____________________
the Executive Committee Reported that
the Committee had unanimously recom
mended the following to the District
Boards:
1..The adoption of a resoluti.ori authorizing the execution of
Agreement to Amendment of the Sale and Purchase Agreement.
2.That a motion be made directing the Chief Engineer arid
General Manager to present the Amendment of the Sale and
Purchase Agreement to the various members of the JOS for
their signatures.
Authorizing Execution
of the Agreement of
Amendment to the Sal~
and Purchase Agre eme nt~
After a general discussion,the Board
adopted Resolution No~101,attached
hereto at Exhibit A.
Directing the Chief
Engineer and General
Manager to present
the Amendment to
members of the JOS
Repprt of the Chief
Engineer and General
Mar~ger
After a general discussion,a motion
was made,duly seconded and carried,
directing the Chief Engineer and Genera:I
Manager to present the Agreement to
Amendment of the Agreement of Sale and
Purchase to various members of the JOS
for approval and signature.
Mr.Raymond R.Ribal,Chief Engineer
and General Manager reported upon the
activities of the Joint Administrati~re
Organization since the last meeting
of the Boards.
Chairman Finch recognized Mr.Wright of Newport Beach,speaker
for a delegation from Newport Beach.Mr.Wright stated that his
delegation was present to ask what progress is being made to allev
iate the sewerage condition in his vicinity.A general discussion
was held,and Chairman Finch stated that progress is being made and
that it appears at this time that it will be about a year and a half
before the disposal plant will be built which will relieve the
condition in Newport Beach.
Adj ournment Upon a motion made,duly seconded and
carried,the Chairman declared the
meeting adjourned at ~:30 p.m.
ATTEST:
~(T2~-~
Secretary,Board of Directors
County Sanitation District No.1
Orange County,California
C ainnañ4~Bo&rd of Directors
County 3~anitation District No.1
Orange County,California
Report of the
Executive Committee
RESOLUTION NO.101
A RESOLUTION OF THE BOi~RD OF DIRECTORS OF COUNTY SANI
ThTION DISTRICT NUMBER ONE OF ORANGE COUNTY,APPROV
ING THE AMENDMENT TO THE AGREEMENT OF SALE AND PURCHASE
BE~NEEN THE CITIES OF SANTA ANA,ORANGE,ANAHt~IM AND
FULLERTON i~ND PLACENTIA SANITARY DISTRICT,LA HABRA SANI
ThRY DISTRICT,BUENA PARK SANITARY DISTRICT AND Gi~RI)EN
GROVE SANIT1~RY DISTRICT,AS SELLERS,~ND COUNTY SANITATIOi’~
DISTRICTS NUMBERS ONE,TWO,THREE,FIVE,SIX.,SEVEN AND
ELEVEN OF ORANGE COUNTY,AS BUYERS.
The Board of Directors of County Sanitation District Number
One does resolve as follows:
SECTION I.That the certain contrdct made by the Cities of
Santa Ana,Orange,Anaheim and Fullerton and Placentia Sanitary
District,La Habra Sanitary District,Buena Park Sanitary District
and Garden Grove Sanitary District,as Sellers and County Sanitation
Districts Numbers One,Two,Three,Five,Six,Seven and Eleven of
Orange County,as Buyers,dated February 2~,1951,whereinthe
Sellers agree to sell and the Buyers agree to buy the land,rights
of way and sewage disposal facilit~ies in what is commonly known as
Section I of the Joint Outfall Sewer be arid the same is hereby
amended in accordance with the terms of that certain Agreement
dated November 2~,1951,marked Exhibit A,attached hereto and
ruadea part hereof.
SECTION II.The Chairman of the Board of Directors of County
Sanitation District Number One and the Secretary thereof be and
they are hereby instructed and authorized to execute said amend
ment on behalf of County Sanitation District Number One of Orange
County.
The foregoing resolution was introduced by Director McBride
who moved its adoption.Said motion was seconded by Director
Warner
,
and was carried by the following vote:
AYES:Directors Jehn L.McBride,Willis H.Warner and
Courtney R.Chandler
NOES:Directors None
ABSENT:Directors None
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No,1 of Orange County,California,here
by certify the above and foregoing Resolution was duly and regularly
adopted by said Board at a regular meeting thereof held on the 2~th
day of November,1951.
I’
IN WITNESS whereof,I have hereunto set my hand this 2~th day
of November,1951.
~~
Secrét~~Board of Di~ectors of
County Sanitation District No.1
of Orange County,California
EXHIBIT “A”
EXHIBIT £3CC
‘1 AMITh(~IT TO AGREDIFZ4T OF SALE AND PURCHASE
2 DATED FEBRUARY 28,1951
3
THIS AGREPZ4flJT,entered into this 28th day of
5 November,1951,by and between the Cit•ies and Sanitary
6 Districts named in that certain Agreement of Sale and Purchase,
7 dated February 28,1951,wherein said Cities and Sanitary
8 Districts are designated as “Sellers”,and County Sanitation
9 Districts Ios.1,2,3,5,6,7 and 11 of Orange County are
10 designated as “buyers”~
11 WHEREAS,it is necessary and desirable to amend certain
12 provisions of the Agreement of Sale and Purchase hereinabove
13 referred to for the purpose of ~nab1ing the parties hereto to be
14 in accord with respect to the acts and proceedings specifiet in
15 said Agreement of Sale and Purchase and required under the pro-
16 visions of the Health and Safety Code of the State of California;
17 NOW,THER~ORE,the parties hereto do hereby covenant,
18 promise and agree as follows:
19 I.That there shall be added to Section 17 of the
20 Agreenent dated February 28,1951 the following paragraph:
21 When all additional construction described in
22 Paragraph 1?of the Agreement of Sale and Purchase dated
23 February 28,1951,by the parties to this Agreement,and here-
24 tofore commenced,has been completed,that no additional constr
25 uction und°r Paragraph 17 shall be undertaken by the Sellers
26 during the time they retain possession,except as set forth in
27 Paragraph 18,as amended.
28 II.That Paragraph 18 of that certain agreement made
and entered into by and between the parties hereto on the 28th
•0 thy of Febrtaary,1951,be amended to read as follows:
‘1.I tring the time the Sellers remain in possession
of and mairat tin and operate said Section One,all repla’ernents
ii
a
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367
1 .f any portion of the existing facilities and the construction of
2 additions thereto not presently contemplated as provided in
3 i Paragraph 17,as amended (except such as may be required as
ordinary maintenance and repair of said facilities),shall be made
5 and constructed by the Buyers when such replacements and/or new
6 construction shall be found and deteri~ined by the Departments of
7 Health of the State of California,or the County Health Depart
~ment,to be necessary for the protection of the public health
9 or when such replacements or additions are ordered or directed
10 to be made by either of said Departments.If said Buyers shall
11 fail to commence the same as soon as practicable and within the
12 time directed by either of said Departments and not later than
13 six months from the date of notice by the Sellers to commence
lL1~to make such replacements and/or additions when found and
15 determined to be necessary by the Department of Health of the
16 State of California or County Health Department pr when ordered
17 by either of said Departments and,to complete the same within
a reasonable time thereafter,then and in that event,Sellers
19 are hereby authorized to make the same,Such replacements or
20 additions shall be paid for from the proceeds of the presently
21 authorized bonds of Buyers,or other available funds,if the
22~same constitute impr~vernents described in the EngineerTs Reports
23 of Vjnt,on ii.Bacon or substitutes therefor;otherwise said
24.adc~itiona1 facilities shall be paid for from the annual tax levies
25 of the serveral districts purchasing the same and must be paid
26~for in not less than five years in the case of Districts No~,
27 1,5,6 and 11;fifteen years in the case of Districts Nos.
2~2 and 3 and thirty-seven years in the case of District No.7
from the date of completion.The Buyers agree to levy suffi
30 ci~nt taxes to pay such amounts within said periods.
31 III.That the second paragraph of Paragraph 23,
3~“Termiration~shall be amended to read as follows:
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3G8
1 This contract shall become null and void at the option of
2 either the Buyers or Sellers:
3 (a)In the event that the several Cotnty Sanitation Distr
~~‘~icts herein mentioned fail to sell the bonds authorized by the bond
5 election held in the respective districts on the 2~th day of Febru—
6 ary,1949,at the earliest practicable date and not later th~r!..u~r
7 1,1952;or
(b)In the event that the treatment and disposal facili
9 ties described in the engineering reports of Vinton W.Bacon under
10 date of December 22,194~,or as said plan may he modified in
11 ac’~ordance with the provisions of this Agreement under the provi
12 sions of Section 4?5~of the Health and Safety Code of the State
13 of California,cannot be constructed or substantially con~tructed
14 from the proceeds of funds available f~m said bond issues and other
15 funds now or hereafter made available therefor.If said plan as
16 outlined in,the Bacon Reports shall be modified,such modification
1 shall provide for the construction of the best and largest capacity
1 facilities that can be constructed with the available funds and
19 with sufficient capacity to receive,treat and adequa~e1y dispose
20 of all sewage arising within the boundaries of the Seflers~d Buyers.
21 IV.That the first paragraph of subsection Three (3)
22 of Paragraph 15,Welivery of Possesion and Tit1e1~shall be ‘amended
23 to read as follows:
24 Buyers have,within a reasonable time hereafter,con-
25 structed the land and marine sections of the proposed new out
26 fall sewer,and suffici~nt portions of the existin~,and new
27 dispo3al plant and other facilities to adequately treat,handle
2~and dispose of,in accordance with the requirements of the
~)Department of Health of the State of California,all sewage at
:~the time of delivery of possession arising within the boundaries
L~of the Sellers and Buyers,and have such facilities in condition
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369
1 for operation;and which time said Sellers will execute and
2 deliver to County Sanitation Districts Nos.1,5,6 and 11 good
3 and sufficient instruments conveying to each of said County
4 Sanitation Districts the undivided interest in said 3ection One
5 for which said County Sanitation District has paid and a3sl]nied
6 bonded indebtedness as provided hereinbefore in this agre~m~nt.
7 V.It is further understood and agreed that all of
~the terms and conditions of said Agreethent of Sale and Purchase
9 dated February 2E~,1951 as herein modified or amended,shall
10 he and remain in full force and effect.-
11 IN ~WIIERECF,each of the parties hereto has
12 caused this contract to be executed by its duly authorized
13 officers the day and year first above written.
14 CITY OF SANTA ANA
15 /Courtney R.Chandler
—~~Mayor an6 P~eèident of the City Counci:
16
SEAL ATTEST:
17
Js/_Errna Keeler
—_—
City Clerk
19 CITY OF ANAHEIM
20 SEAL
~/Chas.A.Pearson
21 Mayor
22 ATTEST:
23 Id Charles F.Griffith
City Clerk
24
25 CITY OF FULLERTON
O26
______
SEAL ~J~J Thomas J.Eadington~
27 Mayor
2~
/5 Carrie D.Adams
City Clerk
1~
—4.—
370
CITY OF’ORANGE
By /Harold R.Post
Mayor
SEAL ATTEST:
/~L H.Elijah
City Clerk
SU~A PARK SANITARY DISTRICT
By is!I.D.Jaynes
President of its Board of Directors
SEAL
And is!Vera McKnight
Secretary
GARD~GROVE SANITARY DISTRICT
By Ls/Charles E.Stevens
SEAL President of its Board of Directors
And /Walter B.Wentz
Secret ary
LA HABRA SANITARY DISTRICT
By /Nelsi.Launer
President of its Board of Directors
Seal
And /A.C.Earley
Secretary
PLACENTIA SANITARY DISTRICT
By /1.D.Sol~bee
Seal President of its Board orDirectors
And /Don 13.Haiber
Secretary
SELLERS
—5—
371
COUNTY SANITATION DISTRICT NO.1
OF ORANGE COUNTY
By Is!Courtney R.Chandler
Chairman of’its Board of Directors
S EAL
And /Ora Mae Merritt
-
Secretary
COUNTY SANITATION DISTRICT NO.2
OF ORANGE COUNTY
By /Robert H~Boney
Chainiian of its Board of Directors
SEAL
And ~Ora Mae Merritt
Secretary
COUNTY SANITATION DISTRICT NO.3
OF ORANGE COUNTY
By /Hugh W.Warden
Chairman of its B~~rd of Directors
SEAL
And J~J Ora Mae Merritt
Secretary
COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY
By /Braden Finch
ChairniarEi of its Board of Directors
SEAL
And Js/Ora Mae Merritt
-
Secretary
-
COUNTY SANITATIQN DISTRICT NO.6
By s/s C.N.Nelson
Chajrma~of its Board of Directors
Arid ~/Ora Mae Merritt
Secretary
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372
COUNTY SANITATION DISTRICT NO.7
OF ORANGE COUNTY
By Ls/Vincent L.Humeston
Chairman of its Board of JJirectox’s
SEAL
And ~Ora Mae Merritt
Secreta~y
COUNTY SANITATION DISTRICT NO.11
Or OR ANGE COUNTY
S EAL
By L~i Willis H.Warner
Chairman of its Board of Directors
And Ls!Ora Mae Merrit
Secretary
BUYERS
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